I don't think this has been posted.
http://www.johnmcgrath.ca/?p=114
Resolving the Crisis of Legitimacy at Toronto City Hall
Posted on November 16, 2013
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(The crisis of legitimacy, in case you don’t click on the above link, is the result of two competing claims of city-wide legitimate governance: One from the mayor, who says that he alone was elected by the people of the city; and another from council itself, which can reasonably claim to represent the city entire as well. This is a structural flaw that Rob Ford’s tenure has made apparent, but, I submit, is not easily dismissed as simply a problem with Rob Ford. Those Ford voters, after all, aren’t going anywhere.)
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Monday will see Ford made, in effect, in to a councillor-at-large: he will have no special privileges except for those that provincial law requires he have, and even those won’t be administered without resistance from council. He will, in every way council currently has at its disposal, have been made powerless.
Except he won’t be powerless, he’ll still be a member of council. And he’s made it clear that he’s going to use the abilities he has as a member of council to prevent the work of council from getting done. He explicitly threatened to filibuster council in response to their discipline on Friday:
Mayor Rob Ford says he’s going to hold every item until his “dying day” on the council floor #TOpoli
— Don Peat (@reporterdonpeat) November 15, 2013
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Rob Ford has explicitly stated that he does not intend to do his job under S. 133 (1) clauses A or B. Council has made C irrelevant. They can’t technically take D away from him but he’s already sufficiently toxic that he can’t represent the city at the Santa Claus Parade or an Argos-Ticats game. So Ford, in a very literal sense, cannot do the job he was hired to.
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And…. nothing, from council. Denzil Minnan-Wong is still talking about this, but councillors by and large don’t seem ready to take this step. Why this should be so is beyond me. Rob Ford has done everything short of literally defecating in the council chambers, but the line from councillors is that if he isn’t actually incarcerated he should get to keep his seat.
This is a ridiculous threshold to set for public office. I’m surprised that even needs to be said. What it amounts to saying is that, short of serious crimes, the only real limit to an abuse of public trust is the abuser’s own sense of shame.
It’s also undemocratic, though many seem to misunderstand this. An election isn’t a get out of jail free card. It’s a conditional license granted by the people to represent them. Just because that license is normally reviewed at regular intervals (elections) doesn’t mean that’s the only permissible way to do so.
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And to be clear: it’s not the basic process of council that’s at issue here. Rob Ford is a bad actor, who needs to be punished. Previous punishments have been ineffective, and future punishments along the same line will be equally ineffective. So council needs something stronger. That means expulsion.